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Access to Information
THE PROMOTION OF ACCESS TO INFORMATION ACT (No. 2 of 2002)
SECTION 51 MANUAL FOR EUROP ASSISTANCE WORLDWIDE SERVICES
(SOUTH AFRICA) (PTY) LTD
CONTENTS Introduction
1. Contact details [Section 51 (1) (a)] 2. The Section 10 Guide on How to use the Act [Section 51 (1) (b)] 3. Records available in terms of any other legislation [Section 51 (1) (d)] 4. Access to the records held by the organisation [Section 51 (1) (c) and [51 (1) (e) 5. Other information as may be prescribed [Section 51 (1) (f)] 6. Availability of the Manual [Section 51 (3)]
Introduction Europ Assistance, the leading name in Assistance, has 32 companies around the world; agents and correspondents in 208 countries and territories; and 401,000 accredited service providers; it answers more than 33 million telephone calls and handles 6.5 million assistance cases around the world.
Starting out as the inventor of the concept of travel assistance and as a single-product company, Europ Assistance has evolved into a multi-service organization in line with the changing nature of assistance needs from the exceptional to the everyday. Its products are now designed to cope with a wide range of everyday situations: travel, home, car, leisure and professional activities, expatriation, and health.
Europ Assistance in South Africa offers a range of assistance services, most of which are available on a 24/7 basis, for both the individual and the corporate client. The range of products and services covers travel assistance and evacuation, health advice, legal, household and roadside assistance, human resources/labour relations consulting and assistance, and recovery of uninsured loss in the case of motor vehicle accidents.
1. Contact details [Section 51 (1) (a)]
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Person duly authorized with regard to queries for access to information: |
| The Information Officer: |
Ms Adrienne Molyneux |
| Postal Address: |
PO Box 2993, Johannesburg 2000 |
| Street Address: |
680 Joseph Lister Street Constantia Kloof Ext 31, Florida |
| Telephone Numbers: |
+27 11 991 9101 |
| Fax Number: |
+27 11 991 9102 |
| E-mail address: |
info@europassistance.co.za |
| Payments to: |
Europ Assistance (S Africa) Pty Ltd; |
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2. The Section 10 Guide on How to use the Act [Section 51 (1) (b)]
The Promotion of Access to Information Act (No. 2 of 2002) allows, on request and on the payment of the prescribed fee, access to records of the company, provided the records are required for the exercise or protection of any rights. Any public body lodging a request must be acting in the public interest. Requests in terms of the Act must be made in accordance with the prescribed procedures, at the prescribed rates. The forms and fees may be found under PRESCRIBED FORM and PRESCRIBED FEES. Requesters are referred to the Guide to be compiled by the South African Human Rights Commission. This guide will contain information concerning the exercise of constitutional rights, and will be available in August 2003.
The contact details of the Commission are:
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South African Human Rights Commision |
| Postal Address: |
Private Bag 2700, Houghton, 2041 |
| Telephone Numbers: |
+27 11 484 8300 |
| Fax Number: |
+27 11 484 0582 |
| Website: |
www.sahrc.org.za |
| E-Mail: |
PAIA@sarhc.org.za |
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2. The Section 10 Guide on How to use the Act [Section 51 (1) (b)]
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List of Acts that apply to this organisation: |
| Basic Conditions of Employment Act No. 75 of 1997 |
| Companies Act No. 61 of 1973 |
| Compensation for Occupational Injuries and Diseases Act No. 130 of 1993 |
| Copyright Act No. 98 of 1978 |
| Employment Equity Act No. 55 of 1998 |
| Finance Act No. 35 of 2000 |
| Financial Services Board Act No. 97 of 1990 |
| Income Tax Act No. 95 of 1967 |
| Insurance Act No. 27 of 1943 |
| Intellectual Property Laws Amendment Act No. 38 of 1997 |
| Labour Relations Amendment Act No. 128 of 1997 |
| Medical Schemes Act No. 131 of 1998 |
| Occupational Health and Safety Act No. 85 of 1993 |
| Regional Services Councils Act No. 109 of 1985 |
| Short Term Insurance Act No. 53 of 1998 |
| Skills Development Act No. 97 of 1998 |
| Skills Development Levies Act No. 9 of 1999 |
| Stamp Duties Act No. 77 of 1968 |
| Trade Marks Act No. 194 of 1993 |
| Unemployment Contributions Act No. 4 of 2002 |
| Unemployment Insurance Act No.63 of 2001 |
| Value Added Tax Act No. 89 of 1991 |
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4. Access to the records held by the organisation [Section 51 (1) (c) and [51 (1) (e)]
(i) Company Records Access Classification Guide
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Classifictaion Code |
Access |
Classification Type |
| 1 |
May be Disclosed |
Public Access Document |
| 2 |
May not be Disclosed |
Request after commencement of criminal action [s7] |
| 3 |
May be Disclosed |
Subject to copyright |
| 4 |
Limited Disclosure |
Personal information that belongs to the requester of that information[s61] |
| 5 |
May not be Disclosed |
Unreasonable disclosure of personal information of natural person [s63(1)] |
| 6 |
May not be Disclosed |
Likely to harm the commercial or financial interests of third party[s64(a)(b)] |
| 7 |
May not be Disclosed |
Likely to harm the Company or third party in contractual or other negotiations[s64] |
| 8 |
May not be Disclosed |
Would breach a duty of confidence owed to third party in terms of an Agreement [s65] |
| 9 |
May not be Disclosed |
Likely to compromise the safety of individuals or protection of property |
| 10 |
May not be Disclosed |
Legally privileged document [s67] |
| 11 |
May not be Disclosed |
Environmental testing/investigation which reveals public safety / environmental risks [s64(2);s68] |
| 12 |
May not be Disclosed |
Commercial information of Private Body |
| 13 |
May not be Disclosed |
Likely to prejudice research and development information of the Company or a third party [s69] |
| 14 |
May not be Refused |
Disclosure in public interest [s70] |
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(ii) Records Availability
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Departmental Records
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Subject Matter |
Classification Code |
| Communications / Marketing Department |
Current product information |
1, 4 |
| Public Corporate Records |
1 |
| Media Releases |
1 |
| Company Website |
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| Human Resources Division |
Employee Records |
4, 5, 9 |
| Company Payroll Records |
4, 5, 9 |
| Employment Contracts |
4, 5 |
| Personnel Guidelines, Policies and Procedures |
12 |
| Employee Medical Records |
4, 5, 8 |
| Financial Division |
Audited Financial Statements |
12 |
| Tax Records (Company & Employees) |
12 |
| Asset Register |
12 |
| Management Accounts |
12 |
| Corporate and Legal Services Division |
General Contract Documentation |
6, 12 |
| Company Guidelines, Policies and Procedures |
12 |
| Trademarks |
3 |
| Statutory Records |
12 |
| Individual Client Information |
6, 12 |
| Sales and Marketing Division |
Market Information |
12, 13 |
| Product Brochures |
1 |
| Product Sales Records |
1 |
| Marketing and Future Product Strategies |
12 |
| Customer Information and Database |
12 |
| Quality |
Quality Records |
12 |
| Information Technology |
Company Source Codes; systems customised or proprietary |
12 |
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iii. Request ProceduresForm of Request
- The Requester must use the prescribed form to make the request for access to a record. This must be made to the Information Officer as detailed in Item 1 above [s 53 (1)]
- The Requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the Requester. The Requester should also indicate which format of access is required. The Requester should indicate if any other manner is to be used to inform the Requester and state the necessary particulars to be so informed. [s53 (2) (a) and (b) and (c)]
- The Requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right. [s53 (2) (d)]
- If a request is made on behalf of another person, the Requester must then submit proof of the capacity in which the Requester is making the request to the satisfaction of the Information Officer.[s53 (2) (f)]
Prescribed Fees A Requester who seeks access to a record containing personal information about that Requester is not required to pay the request fee. Every other Requester, who is not a personal Requester, must pay the prescribed request fee.
The Information Officer must notify the Requester (other than a personal Requester) by notice, requiring the Requester to pay the prescribed fee (if any) before further processing the request. [s54 (1)]
The fee that the Requester must pay to a private body (in this case, Europ Assistance) is R50.00. The Requester may lodge an application to the Court against the tender or payment of the request fee. [s54 (3) (b)]
After the Information Officer has made a decision on the request, the Requester must be notified in the required form.
If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure. [s54 (6)]
5. Other information as may be prescribed [Section 51 (1) (f)] The Minister of Justice and Constitutional Development has not made any regulations in this regard.
6. Availability of the Manual [Section 51 (3)]
This manual is available free of charge, on application to the Information Officer, details per Item 1; The Manual is be posted on the company’s website. Alternatively, the Manual may be obtained through the SAHRC and/or in the Gazette.
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
[Regulation 10]A. Particulars of private body
The Head/Designated Person: _________________________________________
________________________________________________________________
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B. Particulars of person requesting access to the record |
| (a) |
The particulars of the person who requests access to the record must be given below. |
| (b) |
The address and/or fax number in the Republic to which the information is to be sent must be given. |
| (c) |
Proof of the capacity in which the request is made, if applicable, must be attached. |
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Full names and surname:______________________________________________
Identity number: ____________________________________________________
Postal address: _____________________________________________________
Fax number:________________________________________________________
Telephone number: ___________________________________________________
E-mail address: ______________________________________________________
Capacity in which request is made, when made on behalf of another person:
__________________________________________________________________
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C. Particulars of person on whose behalf request is made |
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This section must be completed ONLY if a request for information is made on behalf of another person. |
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Full names and surname: _______________________________________________
Identity number: _____________________________________________________
D. Particulars of record (a) Provide full particulars of the record to which access is requested, including the reference number if known to you, to enable the record to be located.
(b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
Description of record or relevant part of the record: __________________________________________________________________
2. Reference number, if available: _____________________________________
3. Any further particulars of record: __________________________________________________________________
E. Fees
(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
(b) You will be notified of the amount to be paid as the request fee.
(c) The fee payable for access to a record depends on the format in which access is required and the reasonable time required to search for and prepare a record.
(d) If you qualify for exemption of the payment of any fee, please state the reason for exemption.
Reason for exemption from payment of fees: ________________________________
F. Form of access to record
If you are prevented by a disability to read, view or listen to the record in the format of access provided for in 1 to 4 hereunder, state your disability and indicate in which format the record is required.
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Disability: |
Format in which record is required: |
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Mark the appropriate box with an X.
NOTES:
(a) Compliance with your request in the specified format may depend on the format in which the record is available.
(b) Access in the format requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another format.
(c) The fee payable for access to the record, if any, will be determined partly by the format in which access is requested. |
| 1. If the record is in written or printed format: |
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Copy of record* |
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inspection of record |
| 2. If record consists of visual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.): |
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View the images |
copy of the images* |
transcription of the images* |
| 3. If record consists of recorded words or information which can be reproduced in sound: |
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Listen to the soundtrack (audio cassette) |
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Transcription of soundtrack* (written or printed document) |
| 4. If record is held on computer or in an electronic or machine-readable format: |
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printed copy of record* |
printed copy of information derived from the record* |
copy in computer readable format* (stiffy or compact disc) |
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*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?
Postage is payable by requester |
YES |
NO |
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G. Particulars of right to be exercised or protected |
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If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios. |
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1. Indicate which right is to be exercised or protected: _____________________
2. Explain why the record requested is required for the exercise or protection of the aforementioned right:
__________________________________________________________________
__________________________________________________________________
H. Notice of decision regarding request for access
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You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to facilitate compliance with your request. |
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How would you prefer to be informed of the decision regarding your request for access to the record? _______________________________________________________________
Signed at __________________ this ___________ day of ___________20____
__________________________________________________________________ SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE
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PRESCRIBED FEES |
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1. The following applies to requests (other than personal requests):
A requester is required to pay the prescribed fees (R50,00) before a request will be processed; If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of one or more than one third of the access fee which would be payable if the request were granted); A requester may lodge an application with a court against the tender/payment of the request fee and/or deposit; Records may be withheld until the fees have been paid.
Payments should be made to Europ Assistance (S Africa) (Pty) Ltd.
Fees in respect of private bodies.
The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page and or part thereof.
2. The fees for reproduction referred to in regulation 11(1) are as follows: (a) For every photocopy of an A4-size page or part thereof R1,10
(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable format R0,75
(c) For a copy in a computer-readable format on - (i) stiffy disc R7,50 (ii) compact disc R 70,00
(d) For a transcription of visual images - (i) An A4-size page or part thereof R40,00 (ii) For a copy of visual images R60,00
(e) For a transcription of an audio record - (i) An A4-size page or part thereof R20,0 (ii) For a copy of an audio record R30,00
3. The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2), is R50,00.
4. The access fees payable by a requester referred to in regulation 11(3) are as follows:
a. For every photocopy of an A4-size page or part thereof - R1,10
b. For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable format - R0,75
c. For a copy in a computer-readable format on: (i) stiffy disc - R7,50 (ii) compact disc - R70,00
d. For a transcription of visual images : (i) An A4-size page or part thereof - R40,00 (ii) For a copy of visual images - R60,00
e. For a transcription of an audio record: (i) An A4-size page or part thereof - R20,00 (ii) For a copy of an audio record - R30,00
f. To search for and prepare the record for disclosure - R30,00 for each hour or part of an hour reasonably required for such search and preparation.
For purposes of section 54(2) of the Act, the following applies: a. Six hours as the hours to be exceeded before a deposit is payable; and
b. one third of the access fee is payable as a deposit by the requester.
The actual postage is payable when a copy of a record must be posted to a requester.
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